What Did the Review Involve?

Summary: Independent Inquiry into EPA Victoria
Summary: Independent Inquiry into EPA Victoria

In May 2015, the Minister for Environment, Climate Change and Water Lisa Neville appointed a Ministerial Advisory Committee (the Committee) to undertake an independent inquiry into Victoria’s Environment Protection Authority (EPA). The Inquiry was an election commitment of the Andrew’s Government.

The Inquiry Committee was chaired by Penny Armytage, former Secretary of the Department of Justice, supported by Deputy Chair Jane Brockington and member Janice van Reyk.

What did the review involve?

The Committee was asked to consider the EPA’s role in protecting public health and the environment for future generations and consider how to combine this environmental protection role with economic sustainability and jobs growth. The Committee examined EPA’s role, powers, governance, funding and tools.

The Committee received 215 submissions in response to a Discussion Paper and undertook extensive consultation with a broad range of stakeholders, including the community, business, government and non-government sectors.

The Inquiry was completed within a ten-month period and concluded on 31 March 2016 when the Committee delivered their report to the Minister for Environment, Climate Change and Water. The Government is currently considering the report and will respond to the Committee’s findings and recommendations in mid-2016.

Overview of the Independent Inquiry

The inquiry was a forward-looking review of what Victoria needs from its EPA in the future, taking into account changing conditions and new challenges:

o population growth

o economy and technology

o diffuse sources of pollution

o climate change

o community expectations

· The scope of the Inquiry was set out in theTerms of Reference, issued by Minister Neville. It focused on examining seven key areas listed in order of priority:

1. the EPA's appropriate role in relation to public health issues, including at least: community concerns such as exposure to asbestos, chemicals and other pollutants; the prevention and management of site contamination, air quality, and water quality in rivers and other waterways;

2. the Victorian community's and industry's expectations of the EPA as its environmental regulator;

3. the EPA's appropriate role in protecting the environment;

4. the ability of the EPA to ensure that the principle of environmental justice is adhered to, the environment is protected for the benefit of the community, and members of the community can be meaningfully involved in, and access fair treatment through, environmental regulation;

5. the ability of the EPA's current governance structures and funding arrangements to enable it to effectively and efficiently discharge its powers, perform its duties and implement its required functions;

6. the scope and adequacy of the EPA's statutory powers, and the effectiveness and efficiency of the suite of tools available to and utilised by the EPA, in enabling protection of the Victorian community and the environment, particularly in light of recent, new and emerging risks and issues; and

7. any other matter reasonably incidental to these above matters.

The Advisory Committee was also directed to:

· consider the best way to combine environmental protection with economic viability and growing sustainable jobs in Victoria, including through improving regulatory efficiency and minimising regulatory burden; and

· seek the views of the community, industry and workers in related industries, local government and Victorian government agencies, as well as those of other relevant stakeholders.

Key recommendations

The Committee made 48 recommendations for Government to consider, including relating to:

· A strengthened EPA governance structure to make the EPA an independent statutory authority with a seven member Board, and a Science, Engineering and Health subcommittee.

· An improved funding model to provide greater revenue certainty and stability, and development of a business case for increased resources for the EPA.

· A clarified role for the EPA as a science-based regulator with a consolidated environmental health capability for Victoria within EPA and a legislated Chief Environmental Scientist position within EPA’s senior executive structure.

· An overhaul of the Environment Protection Act 1970, including a general preventative duty to protect the Victorian environment that will strengthen prevention and minimise harm from waste and pollution.

· Development of a prosecution strategy for the EPA and a broader and stronger range of penalties and sanctions.

· Improved coordination and collaboration across government on environment protection and associated public health issues through the establishment of a new Environment Protection (Integration and Coordination) Act.

· A strengthened role for EPA in mining regulation.

· Clarification of the EPA’s role in greenhouse gas regulation.

· Confirming the EPA’s role as a technical advisor in emergency management.

· A requirement for EPA to be involved early in strategic planning processes and the development of strengthened land use planning mechanisms to better manage and address conflicting land uses.

· Establishment of a new state wide network of local government environment protection officers to address localised pollution and waste complaints, appropriately authorised under the Environment Protection Act 1970.

· A review of the adequacy of EPA’s air and water monitoring networks, particularly in relation to air quality, and options to improve data sharing and accessibility, and community communications.

· Develop, through DELWP, a whole of government approach to environmental justice.

The committee’s full report can be viewed on the DELWP website at www.delwp.vic.gov.au.

The Andrew’s Government is now considering its response to the report. This will be released later in 2016.

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